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novapsycheJustice Ruth Bader Ginsburg raised the issue of torture.
“Suppose the executive says, `Mild torture, we think, will help get this information,’” Ginsburg said to Deputy Solicitor General Paul Clement. “Some systems do that to get information.”
“Well, our executive doesn't,” Clement replied. “And I think the fact that executive discretion in a war situation can be abused is not a good and sufficient reason for judicial micromanagement in overseeing of that authority. You have to recognize that in situations where there is a war, where the government is on a war footing, that you have to trust the executive.”
“Trust the executive” may be a slogan more difficult for the justices to accept in the wake of the Abu Ghraib events.
Will prison flap influence high court cases?
“Suppose the executive says, `Mild torture, we think, will help get this information,’” Ginsburg said to Deputy Solicitor General Paul Clement. “Some systems do that to get information.”
“Well, our executive doesn't,” Clement replied. “And I think the fact that executive discretion in a war situation can be abused is not a good and sufficient reason for judicial micromanagement in overseeing of that authority. You have to recognize that in situations where there is a war, where the government is on a war footing, that you have to trust the executive.”
“Trust the executive” may be a slogan more difficult for the justices to accept in the wake of the Abu Ghraib events.
Will prison flap influence high court cases?